LAW REPORTS.

Dominion, Volume 3, Issue 765, 14 March 1910, Page 9

LAW REPORTS.

WANGANUI OPINION INFLAMED. ■ CHANGE OP VENUE. In Chambers, on Saturday, Mr. T. M iYiliord made application to the Chic Fustice, Sir Robert Stout, for a change o 'enue in a case of alleged arson, set dow, for hearing to-morrow, at the Wanganu •riminal sittings. Mr. M. Myers, ap peared for the Crofrn. Mr. Wilford stated-, that Joseph Pari Davis and Martin Haines had been com mitted to.. the Supreme Court for trie ma charge that, on January 22 last they wilfully set tire, to a shop (part o ihe Rutland Hotel building) in Victori ivenue, Wanganui, this shop being ovme by Davis. Affidavits had been filed, sign© by representative people of Wanganu: stating that the accused would be pre judiced if the trial took place in Wango nui, and Wellington should be fixed a the place of trial. Indignation had bee stirred'up in Wanganui, and the feelm was at such.fever heat. at the presen bime that it would - be- impossible, v :ounsel's opinion, to. get a jury at Wa riganui which had not been inflamed. . His Honour: There is nothing of tha in the affidavits. Mr. r Wilford: The. people have bee: inflamed by-popular prejudice. , His Honour: It does not go as far a (hat. Mr. Wilford: One of the persons mat ing an affidavit says that Wanganu peoplo have told him that the accuse are guilty, arid ought to get ten years. His .Honour: That is quite right. 1 man might say that a person ought t Set ten years- if the accused party i fuilty. .Mr. Wilford went;on to say that chang of venue could do no harm to ariybodj The actual place of hearing was of n moment, so long as it was away froi Wanganui. Mr. Myers said that the .'affidavit simply showed that the people of'Wangs nui, like, any other people, had; a 6tron feeling against an offehpe of this nature But. Was there any reason to.suspect tha a,. Wanganui jury would not with th case on'the evidence, and on the evidonc alone? "He did not think that.,the affi davits,filed by Mr.-Wilford.showed thn a majority of■ the'jurors, within the ten mile radius, were, likely to be affecte by. prejudice. The newspapers had put lished nothing but facts in regard to th case;, there fud been >io. comment. .His' Honour said that the case was f'oi the border line," and he hod grave doubt about it. "Can you strengthen yourcas anywhere, Mr. Wilford?" he asked. Mr. Wilford:. I think: I could get an other dozen affidavits; without the slight est trouble from-business men.. His Honour: Why should not I ndjoun the matter until the first day of the sit tings at Wanganui, and you can appl] then? ■':' Mr. Wilford:. These affidavits were go. in two days. "We had to.work at eipres: speed to.get hero,at all. Hl3 Honour: I think that the affidavit: are. stronger than- is usual in affidavits o: this sort, because they come from .'different, parties'.-'/1 do not mean,to . esi) different "classes," _ though that word. i: often used. There are. affidavits frbn medical men, from a merchant, a solici tor, a cook,, a settler, a baker, a farmer and a builder, andall agree that this cast has been -widely/ discussed in Wanganui arid that there is a strong feeling agains the accused. I shall order a change o: venue to "Palmerston North,- at .'the nex: sitting's. ... ; Mr. Myers:. That is from one "srrial. place" -to another. / iHis Honour: It was only to'save ex penscl did that; .- :.'Mr'. Myers: If' there' is to be a changi of veriuo, I am instructed .that it shoiilc be to Wellington; The expense would bi no more'.' ' , '■'.'. The Court'then ordered that the "cast should come on at the next criminal 6it tings in Wellington. fa ADMIRALTY JURISDICTION/' : . ,;,'.<.' THE LOST DUCO. \ . The Duco" cases were mentioned agai) on Saturday before the Chief Justice, sit ting in Admiralty jurisdiction. The,Wei lingtbn Harbour FerriesV Ltd., who' ar defendants in a. number of compensate claims made by relatives of the crew, stil to be heard, made application to have petition delivered to various defendant in the Admiralty Court, those parties hav ing taken ■ proceedings in the Suprem Court for compensation for loss of life Application was also made under th Shipping and Seamen's 'Act,, to 'limit: th company's liability to J3ls' per ton of tli gross tonnage of the vessel, and' to' sta; all proceedings in the Supreme Court ux til the' Admiralty' Court had decided wht tlier or not the Duco was lost through th owners' actual fault ■ or privity,'upoi which question the right to'limitation o liability to ,£ls per, ton depended. -Mr. C. P.' Skerrett,K.C., and Mr. A Samuel appearedrfor the Ferry Company Mr.' T.,. Neave appeared for, Ellen Lan Tucker Waddilove. William Wardro Waddilove, and Elizabeth Jane Menard Mr. C. H- Treadwell for the Public Trot teo; Mr. A. Gray for Mrs. Abram; an Mr. P. J. Ollegan for Emma Sellstron of Sydney. '■ The defendants in the present matte held that, before the plaintiff compan had the right to go into the Admiralt Court, tbey should admit liability fo ,£ls per ton. The company at'presen denied all' liability whatever. : . Mr. Skerrott replied' that certainly lij bility would be admitted, but not at th present stage. Liability need' not b admitted until some time before a decre was made. This'h'ad been decided b, the .Court of Appeal. The judge granted leave to deliver th petition. The application for stay of pre ceedings in the Supreme ' Court wa dropped. i Mr. Neave asked thai he might have a opportunity to move to strike out th names of the- defendants, in the Admii alty Court matter, who had brough Supreme Court actions under the Worl ers' Compensation Act, 1908 His Honour agreed to hear Mr. Neave' motion one day this week. IN DIVORCE. A decree nisi was granted by the Chie Justice in the case of Alfred Edga Thomson, watchmaker, of -Eelburne, vej sua Mary Thomson (nee Wylie). Mr. Wi] ford appeared for the petitioner, whstated that his marriage took place a Dunedin on April 5, 1899. His wife ha gone away from tome five years age and had not returned.